Dauphin v The Queen

Case [2002] WASCA 104


DAUPHIN -v- THE QUEEN [2002] WASCA 104



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2002] WASCA 104
COURT OF CRIMINAL APPEAL
Case No:CCA:54/20023 APRIL 2002
Coram:ANDERSON J
STEYTLER J
McKECHNIE J
7/05/02
12Judgment Part:1 of 1
Result: Application for leave to appeal refused
D
PDF Version
Parties:DALE ALAN DAUPHIN
THE QUEEN

Catchwords:

Criminal law and procedure
Sentencing
Sexual penetration of applicant's de facto child
8 years' imprisonment imposed
Whether sentence manifestly excessive
Whether sufficient weight given to applicant's favourable antecedents and other allegedly mitigating circumstances
Turns on own facts

Legislation:

Criminal Code (WA), s 320(2), s 329(2)

Case References:

Boudville v The Queen [2001] WASCA 133
Chinnery v The Queen [2000] WASCA 295
D v The Queen [2000] WASCA 137
De Luce v The Queen, unreported; CCA SCt WA; Library No 960375; 19 July 1996
Johnson v The Queen, unreported; CCA SCt of WA; Library No 920112; 5 March 1992
Johnston v The Queen, unreported; CCA SCt of WA; Library No 960153; 22 March 1996
King v The Queen [2001] WASCA 103
Leslie v The Queen, unreported; CCA SCt of WA; Library No 940080; 21 February 1994
Lowndes v The Queen (1999) 195 CLR 665
Morley v The Queen [2001] WASCA 49
Murray v The Queen, unreported, CCA SCt of WA, Library No 8911; 6 June 1991
Postiglione v The Queen (1997) 189 CLR 295
R v ‘EPR’ [2001] WASCA 214
R v Boyd [1984] WAR 236
R v Chi Sun Tsui (1985) 1 NSWLR 308
R v Podirsky (1989) 43 A Crim R 404
R v Shrestha (1991) 173 CLR 48
R v Simard [2001] QCA 531
R v Tait (1979) 46 FLR 386
R v Wozencroft, unreported; CCA SCt of WA; Library No 6606; 25 February 1987
Spence v The Queen, unreported; CCA SCt of WA; Library No 920697; 22 December 1992
Terranova v The Queen, unreported; CCA SCt of WA; Library No 930576; 26 October 1993
Trescuri v The Queen [1999] WASCA 172
Woods v The Queen (1994) 14 WAR 341

Bell v The Queen [2001] WASCA 40
Blight v The Queen [2001] WASCA 122
R v Marchesano (1992) 61 A Crim R 372

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : DAUPHIN -v- THE QUEEN [2002] WASCA 104 CORAM : ANDERSON J
    STEYTLER J
    McKECHNIE J
HEARD : 3 APRIL 2002 DELIVERED : 7 MAY 2002 FILE NO/S : CCA 54 of 2002 BETWEEN : DALE ALAN DAUPHIN
    Applicant

    AND

    THE QUEEN
    Respondent



Catchwords:

Criminal law and procedure - Sentencing - Sexual penetration of applicant's de facto child - 8 years' imprisonment imposed - Whether sentence manifestly excessive - Whether sufficient weight given to applicant's favourable antecedents and other allegedly mitigating circumstances - Turns on own facts




Legislation:

Criminal Code (WA), s 320(2), s 329(2)




Result:

Application for leave to appeal refused



(Page 2)

Category: D

Representation:


Counsel:


    Applicant : Ms K…

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Details
AGLC
Dauphin v The Queen [2002] WASCA 104
Case
[2002] WASCA 104
Decision Date

CaseChat Overview and Summary

In the case of Dauphin v The Queen, the applicant appealed against the sentence imposed by the County Court, arguing that the sentence of eight years' imprisonment was manifestly excessive. The applicant had been convicted of sexually penetrating his de facto child. The Court of Appeal considered whether the primary judge had given sufficient weight to the applicant's favourable antecedents and other mitigating circumstances, and whether the sentence was manifestly excessive. The applicant argued that the sentence was harsh and that the trial judge had failed to adequately consider the mitigating factors in arriving at the sentence. The Crown submitted that the sentence was appropriate and reflected the seriousness of the offence.

The court considered the relevant principles of sentencing, noting that each case must be assessed on its own facts and that the sentence must be proportionate to the seriousness of the offence. The court noted that the applicant had a clean criminal record and had shown remorse, but also considered the gravity of the offence and the need for general deterrence. The court concluded that the sentence was within the range of reasonable responses and that the primary judge had given appropriate weight to the mitigating factors. The court rejected the argument that the sentence was manifestly excessive and found that the primary judge had exercised their discretion appropriately in imposing the sentence.

Orders

Orders of the court

Application for leave to appeal refused

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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